A termination agreement is often written as a contract or letter and usually contains a list of numbered paragraphs that include specific terms and conditions regarding the date of termination, severance pay, benefits, references, restitution of company property, and release of claims against the employer. If your employer decides to fire you, they can give you a severance agreement similar to the following: Although an employee`s signing of a termination agreement cancels many claims against your company (but not the ability to always sue the EEOC), you still want the employee to leave your company and know that you`ve done it all. what you could to make sure his exit went smoothly and painlessly. The Older Workers Benefit Protection Act (OPHSA) protects people aged 40 and over. The OWBPA states that a termination agreement must meet certain conditions in order to release a complaint of age discrimination. Some of these requirements include that the employee is advised to consult a lawyer, the waiver is easy to understand, the person has at least 21 days to review the agreement, and the person has at least 7 days after the execution of the agreement to revoke the agreement. The employee may waive the 21-day cooling-off period, but may not waive the seven-day revocation period after signing the contract. Therefore, it is important to consider paying money only after the seven-day withdrawal period has expired. If the employer offers the release of a group or class of employees, a longer viewing period and other requirements apply. It is recommended that employers seek the assistance of a lawyer to ensure that employees 40 years of age or older effectively waive all rights under the ODA. For more information, the EBOcs website provides a good explanation and some examples.
In addition, employers must consider a number of decision points when drafting termination agreements, even if their „forms“ do not contain problematic language. For example, for a derogation to be effective, different requirements may apply depending on the case: if groups of older workers are made redundant for the same reason (e.g. B if they are all dismissed), people over the age of 40 must have 45 days to consider their severance pay. A „group“ consists of two or more. These timelines should be used in any situation where severance pay is offered. Ultimately, seeding agreements should help both sides. Payment – also known as „consideration“ – allows the person to leave their current position without breaking the bank. At the same time, it protects the company by denying the possibility of a lawsuit. Third, the document contains recommendations for employees who do not fall within the normal jurisdiction of the EEOC.
The EEOC publication contains an appendix with an „employee checklist“ for „What to do if your employer offers you a severance agreement.“ In general, this checklist sets out the requirements for the laws administered by the EEOC as described in the main document. However, the checklist also includes a general recommendation that the employee should ensure that her severance agreement does not release „non-dischargeable rights,“ including „unemployment benefits, workers` compensation benefits, claims under the Fair Labour Standards Act, health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), or claims related to vested benefits under a pension plan; that is subject to the Employee Retirement Income Security Act (PSSA).“ These laws and state laws do not fall within the normal jurisdiction of the EEOC. While this sample deals only with OWBPA-related issues, most termination agreements also require employees to waive all claims against the employer, including claims arising under federal, state, and local laws. See point 6 below. Employees don`t have to use their entire 21 or 45 days to review the agreement and can sign it earlier (but they shouldn`t sign before leaving the termination session; they should take the document with them). The balance of an unused period is deemed to be cancelled. Example 2: This agreement is intended to comply with the Ancillary Copyright for Older Workers Act. .